Sexual Assault of a Child Lawyer in Houston, Texas

Texas sexual assault laws are some of the strictest in the nation. When they involve sexual contact/abuse of a child, the penalties are increased even further.

Being charged with sexual assault of a child begins when either an alleged victim or someone close to a victim reports the crime to the authorities. The police then investigate and levy any sex crime charges. If you find yourself charged and arrested for the sexual assault of a child, you need an experienced Houston child molestation lawyer to defend you.

Call the Law Offices of Ned Barnett at (713) 222-6767 to schedule a free and confidential consultation.

Child Molestation Charges & Sexual Assault of a Child in Houston

Texas Penal Code, Sec. 22.011(a)(2)(A), states that the sexual assault of a child happens when one person penetrates and/or inappropriately touches the anus or sexual organs of someone who is legally considered a child because they are younger than the age of consent (17 years of age).

These actions can come in the form of:

• Coercive sexual acts
• Non-consented sexual acts
• Forcible and violent sexual acts, even when both parties consent
• Sexual abuse of someone who cannot give consent because of a disability and/or reduced mental capacity

Texas Sexual Assault of a Child Penalties

Like rape, the sexual assault of a child in Texas is a second-degree felony. If convicted, you can go to prison for anywhere from two to 20 years and receive a fine of $10,000. Plus, you will have to register as a sex offender, which makes finding a job and living place incredibly hard.

When certain factors apply, you could face escalated penalties for aggravated sexual assault of a child.

Is Jail Mandatory for Sexual Assault of a Child?

In most cases, yes. But the court might consider a lighter sentence, although typically only offered if you plead guilty to one or a few of the charges.

There are also various alternatives to jail time if specific conditions apply. And while they are normally better to being locked up, the court might only be willing to consider them for a guilty plea.

Alternative penalties for sexual assault of a child include:

• Probation
• Therapy/counseling
• House arrest

Houston Sexual Assault of a Child Investigations

First, either a victim of child molestation or someone close to them reports it to the authorities. Then the authorities investigate the accusation(s) and levy any charges. Anyone charged is arrested, then appears in court for arraignment to enter a plea.

From there, the judge sets bail and decides if the accused can be released or must remain in prison. A trial date is set, and the prosecution and defense start to gather evidence. The judge will hand down a sentence if a person is found guilty.

Why You Need a Lawyer Right Away

An experienced and knowledgeable child molestation attorney will know how to give you the best possible defense. They will analyze your situation and see which strategy should be applied to your case.

While some people are charged with sexual assault of a child because there is strong evidence to support the accusation, there are frequent mistakes, and the wrong person is accused.

False Allegations

No one likes to think that this can happen, but it does. If you are falsely accused of child molestation, let them handle the situation.

One of the biggest mistakes defendants make is trying to rectify the situation independently. And in some cases, one person tries to intimidate the witness into recanting their statement.

Whatever you do, do not contact the victim or their family. Anything you do outside of the legal advice of your attorney could put you in even hotter water.

Mistaken Identity

Sexual assault is a very traumatic event for the victim, especially children. Sometimes, they make mistakes in identifying their abuser. Again, let your attorney prove your innocence if this happens to you.

Defenses to Child Molestation

There are many possible defenses your lawyer can use, including:

• Mistaken identity – You are not the person who committed the crime
• False Accusations – The accuser is making up the crimes or was coached to do so
• Inaccurate Evidence – The police gathered insufficient or faulty evidence against you
• The Charge Does Not Meet the Elements – The facts do not support a charge of sexual assault of a child
• Mental Impairment – You have a mental condition that prevents you from knowing right from wrong

Don’t Give a Statement if You’re Accused

If you are arrested and charged with the sexual assault of a child, do not give any statements to the police. Even if the police only suggest they have a few questions or imply you can clear up the matter, do not answer their questions.

Officers are trained to lock people into statements; anything you say could potentially hurt your case later. Instead, immediately ask to have a lawyer present and say nothing until one arrives.

Call a Houston Criminal Defense Lawyer Today

The sexual assault of a child is a serious charge that needs a serious defense. If you face a molestation accusation in Houston, you need a criminal defense lawyer. This is the best way to protect your rights, challenge the evidence, build your defense, and ultimately tell your version of events.

In over 30 years of practice, attorney Ned Barnett has helped many people in situations like this. To speak with an experienced criminal defense attorney, contact The Law Offices of Ned Barnett at (713) 222-6767.